Author Archives: Hall

GA grants review of geofence and GFE case

Georgia has granted review of a geofence warrant case, including whether its prior case law holding the good faith exception was limited should be overruled. Jones v. State, 2024 Ga. LEXIS 110 (May 9, 2024)*:

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MN: No difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it

There’s no difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it. State v. Carbo, 2024 Minn. LEXIS 236 (May 8, 2024). [A creative argument, but one always doomed … Continue reading

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S.D.Fla.: A search for stored video evidence must necessarily be broad; where could it be stored?

A search for stored video evidence must necessarily be broad because of the types of things on which it could be stored. United States v. Mila, 2024 U.S. Dist. LEXIS 84465 (S.D. Fla. Apr. 4, 2024), adopted, 2024 U.S. Dist. … Continue reading

Posted in Franks doctrine, Issue preclusion, Probable cause, Scope of search | Comments Off on S.D.Fla.: A search for stored video evidence must necessarily be broad; where could it be stored?

A word about Franks issues

Defendant’s quibbling¹ over the word choices in the affidavit didn’t provide a “substantial preliminary showing” for Franks. Review shows it wasn’t even inaccurate. United States v. Pettigrew, 2024 U.S. App. LEXIS 11328 (6th Cir. May 7, 2024).* [¹My choice of … Continue reading

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CAAF: Service member has REP in a private barracks room because it was not shared with anyone else

A service member has a reasonable expectation of privacy in a private barracks room because it was not shared with anyone else. United States v. Rocha, 2024 CAAF LEXIS 250 (C.A.A.F. May 8, 2024) (not a Fourth Amendment search case). … Continue reading

Posted in Automobile exception, Dog sniff, Military searches, Reasonable expectation of privacy | Comments Off on CAAF: Service member has REP in a private barracks room because it was not shared with anyone else

DC: Lights, coming out of car with hand on gun, and “Let me see your hands” was a seizure

This was a show of authority: “With the emergency lights activated, each officer exited the vehicle and yelled, ‘Let me see your hands’ and quickly approached Mr. Mitchell. Officer Phillip had a hand on her firearm while doing so. Officers … Continue reading

Posted in Border search, Cell phones, Custody, Seizure | Comments Off on DC: Lights, coming out of car with hand on gun, and “Let me see your hands” was a seizure

D.Mont.: 30-day delay in getting SW for seized storage building not unreasonable

In a kidnapping case, the 30-day delay in seeking a search warrant for defendant’s storage unit after its seizure was not unreasonable. “The Court next considers the degree to which the seizure and retention of Lepe’s storage unit and its … Continue reading

Posted in § 1983 / Bivens, Informant hearsay | Comments Off on D.Mont.: 30-day delay in getting SW for seized storage building not unreasonable

E.D.Cal.: Smell of MJ still PC in a California National Park even though not under state law

The smell of marijuana from a car is no longer probable cause under California law, but it is still in a national park. United States v. Tolmosoff, 2024 U.S. Dist. LEXIS 83134 (E.D. Cal. May 7, 2024). Defendant wasn’t seized … Continue reading

Posted in Attenuation, Ineffective assistance, Plain view, feel, smell, Probable cause | Comments Off on E.D.Cal.: Smell of MJ still PC in a California National Park even though not under state law

CA10 dissent: Bivens on its last legs

CA10, Tymkovich, Circuit Judge, dissenting: Bivens is a relic of the 20th Century and it’s just a matter of time until it’s gone. Mohamed v. Jones, 2024 U.S. App. LEXIS 11089 (10th Cir. May 7, 2024). The affidavit for the … Continue reading

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VA: Consent to look in backpack permitted search of pill bottle

Defendant’s consent to look in his backpack didn’t require separate consent to look in a pill bottle. Lee v. Commonwealth, 2024 Va. App. LEXIS 258 (May 7, 2024). CBP had reasonable suspicion for the stop of a Jeep meeting four … Continue reading

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NY3: Warrantless arrest body cavity search was unreasonable

Defendant’s arrest body cavity search pulling out heroin was unreasonable. People v. Chase, 2024 NY Slip Op 01837, 2024 N.Y. App. Div. LEXIS 1877 (3d Dist. Apr. 4, 2024). [Sentencing was five years ago, and that should be an embarrassment … Continue reading

Posted in Arrest or entry on arrest, Body searches, GPS / Tracking Data, Reasonable suspicion | Comments Off on NY3: Warrantless arrest body cavity search was unreasonable

CA7: Strip search was reasonable, no matter the motive

Plaintiff’s strip search was objectively reasonable, no matter the subjective intent that motivated it. Jones v. Degrave, 2024 U.S. App. LEXIS 10953 (7th Cir. May 6, 2024). Plaintiff doesn’t show that GPS monitoring as a condition of his state probation … Continue reading

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CA5: Franks civil case pleads enough to overcome QI

Plaintiff showed sufficient facts to support a § 1983 Franks claim for false statements supporting probable cause for arrest. Franks is clearly established law. Hughes v. Garcia, 2024 U.S. App. LEXIS 10922 (5th Cir. May 3, 2024). “Based upon our … Continue reading

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MI: Exclusionary rule doesn’t apply in civil cases; constitutionality of use of drone for zoning enforcement not decided

In the Michigan zoning drone use case, the court finds that the exclusionary rule would not be applied in civil cases, so the constitutionality of use of the drone didn’t need to be decided. Long Lake Twp. v. Maxon, 2024 … Continue reading

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Econlib: Drug Prohibition, Exclusionary Rule, Fourth Amendment, Opportunity Costs, US v Regan

Econlib: Drug Prohibition, Exclusionary Rule, Fourth Amendment, Opportunity Costs, US v Regan by Tarnell Brown:

Posted in Forfeiture | Comments Off on Econlib: Drug Prohibition, Exclusionary Rule, Fourth Amendment, Opportunity Costs, US v Regan

Cal.1st: Minor in possession of MJ is PC for search of car

Lawful possession of marijuana in a car is not probable cause for a search. A minor in possession is unlawful, so it is. In re Randy C., 2024 Cal. App. LEXIS 292 (1st Dist. May 3, 2024). There was a … Continue reading

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D.P.R.: Def waived his Franks by providing nothing to show what’s what

“Although Defendant suggests that a Franks-like challenge was made during the suppression hearings in the Puerto Rico state court, he fails to develop any type of Franks argument in this case. Indeed, Defendant does not provide copies of the search … Continue reading

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D.Nev.: Exclusionary rule does not apply to IRS violating its operations manual

The exclusionary rule does not apply to the IRS allegedly violating it’s own operations manual. United States v. Pacheco, 2024 U.S. Dist. LEXIS 80448 (D. Nev. May 2, 2024). “Neither party cites, nor have we have found, any published cases … Continue reading

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D.Utah: Drug dog arriving within 7 minutes was reasonable and part of the initial stop

Defendant’s phone was pinged by Utah court order, but it left the state and was spot checked when out-of-state. “Further, the ping data that ultimately led to the traffic stop at issue was collected while phone 3145 was in Utah. … Continue reading

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D.Kan.: Preliminary hearing moots claim of lack of PC for arrest

If an arrest lacks probable cause, the preliminary hearing can moot that. Taylor v. Szewc, 2024 U.S. Dist. LEXIS 57791 (D. Kan. Mar. 29, 2024). Omitted information about the CI doesn’t support this Franks challenge. United States v. Williams, 2024 … Continue reading

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